Patna High Court
Shri Krishna Prasad Singh vs The State Of Bihar on 24 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14453 of 2022
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Shri Krishna Prasad Singh Son of Late Hit Narain Singh At and P.O.- Muther,
P.S.- Jehanabad, District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Education Department,
Patna.
2. The Director, Higher Education, Patna.
3. Veer Kuwar Singh University, Ara through its Registrar.
4. The Vice-Chancellor, Veer Kuwar Singh University, Ara.
5. The Registrar, Veer Kuwar Singh University, Ara.
6. The Finance Officer, Veer Kuwar Singh University, Ara.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv.
For the State : Mr. Shankar Kumar Thakur, AC to GP-27
For the University : Mr. Sanjay Kumar Ghorsarvey, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 24-08-2023
Heard Mr. Sunil Kumar Singh, learned counsel
appearing on behalf of the petitioner, Mr. Shankar Kumar Thakur,
learned counsel appearing on behalf of the State and Mr. Sanjay
Kumar Ghorsarvey, learned counsel appearing on behalf of the
University.
2. Learned counsel appearing on behalf of the petitioner
submits that the petitioner has filed the present writ petition for
payment of earned leave w.e.f. 27.07.1998 along with interest @
12% per annum till the date of payment. Learned counsel further
Patna High Court CWJC No.14453 of 2022 dt.24-08-2023
submits that the petitioner is entitled for leave encashment for 300
days as has been directed to be converted from the date on
18.09.2006, but it has been clarified at paragraph-1 of the said
letter, but benefit of 12 days earned leave per year shall be
effective w.e.f. 27.07.1998 without any condition regarding 180
days in a year subsequently required by the letter dated 30.07.2005
of the State Government.
3. The petitioner in this regard has relied on a Judgment
passed in case of Baleshwar Ojha & Ors. Vrs. The State of
Bihar & Ors. reported in 2006 (1) PLJR 506 at Paragraph-7
which inter alia is as follows:-
"7. In law, I have no other option; but to
hold that once by the Statute it has been held out that
the employees of the said Universities shall be entitled
to gratuity at the same rate as applicable to the State
Government employee whenever there is a change, by
reason of the Statute itself the employees of the said
Universities became entitled to enhanced gratuity with
effect from 1st April, 1997 and, accordingly, it shall be
deemed that by the Government Order dated 22nd
June, 2005 the Government has communicated to the
effect that the employees of the said Universities shall
be entitled to enhanced gratuity in terms of the Statute
with effect from the date the gratuity payable to the
employees of the State Government stood
changed i.e. with effect from 1st April, 1997."
Patna High Court CWJC No.14453 of 2022 dt.24-08-2023
4. The Registrar, Veer Kuwar Singh University, Ara is
directed to redress the grievance of the petitioner within a period
of four weeks, considering the fact that petitioner has filed several
representation before him, but he has sat over the same.
5. In case, he further delays the matter, this Court will
take appropriate action for not making payment of earned leave in
accordance with law.
6. With the above observation and direction the writ
petition stands disposed of.
(Purnendu Singh, J)
pravinkumar/-
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